Legal Question in Wills and Trusts in California
Is this Fraud?
Before my mothers death in May, 1988, I learned that my father has had an ongoing affair with an employee for the prior 5 yrs. & that mom also knew abt it.
This "employee" was also a Notary Public, who I resently learned, notarized documents on Fedruary 19, 1988, that allegelly was signed by my mother that transferred real property from her name only to her & dad as joint tenants.
The problem is my mother was taking large doses of prescribed Morphine for the pain she was in & was "on Cloud Nine" all the time. Additionally, I have since found out that mom wouldn't allow this woman in her house much less have her notarize anything.
I have not seen or spoke to dad since & now learn that he and his girl were married a few moths after mom died. All real property is now in their name as joint tenants.
Is there anything I can do now?
1 Answer from Attorneys
Re: Is this Fraud?
If the property was your mother's separate property and your mother did not have legal capacity to sign the deed into the joint tennancy, then you probably have a basis to set the deed aside. On the other hand, if it was really community property of your mother and father, absnet your mother having a will, it probably would have passed to your father upon her death, so the reuslt would not be any differnt.
If separate property, then you will need to establish a probate for your mother and have the deed set aside. If you are successful the intestate rules will determine her heirs which would include your father and any of her children.
Check out the facts, see if it is economically worth it, and talk to a lawyer.
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